DOJ Issues Final Rule Eliminating Disparate Impact From Its Title VI Enforcement Regulations

On December 10, 2025, the U.S. Department of Justice ("DOJ") issued a final rule amending its regulations implementing Title VI of the Civil Rights Act of 1964 ("Title VI") to eliminate the disparate-impact prohibitions in the rule. Title VI prohibits discrimination on the basis of race, color, and national origin in programs receiving federal financial assistance. The prior DOJ regulations implemented this prohibition to extend beyond intentional discrimination and prohibit facially neutral actions that result in disparate impacts, or disproportionate adverse effects, on protected classes.

DOJ takes the position that the disparate impact requirements in the prior regulations are beyond the agency's statutory authority under Title VI. The final rule notes that the previous DOJ regulations prohibiting conduct that has an unintentional disparate impact "are in considerable tension" with both Title VI and the Constitution, and the amendments will serve "to more